TO WHAT EXTENT IS AN OLDER CHILD'S CONSENT NEEDED IN
ADDITION TO A PARENT'S?
A question that is not currently dealt with in the law is the extent to which an older
child's consent is required in addition to that of the parents. Can parents force a
mature child to undergo treatment over his or her own objections? Lifesaving
procedures can clearly be forced, but elective procedures are more problematic. It
is good medical practice to discuss elements of disclosure with both the parents and
the mature child. The state law may allow the mature minor to give consent,
although not yet the age of majority based on such factors as: maturity, the nature
of the procedure, and the benefit, if any, to the child. This generally applies to
minors over age 15, but may also be applicable to those who are younger, based on
e. Parental or Guardian Consent. Either parent can give legally effective
consent, except when there is legal separation or divorce. While it is not necessary to
determine the wishes of the other parent, when it is known that the other parent objects,
either the procedure should not be performed or court authorization should be obtained.
CONSENT FOR MINORS
CONSENT OF PARENT (GUARDIAN OR TEMPORARY CUSTODIAN)
For minors underage 17*.
PARENTAL CONSENT NOT REQUIRED
In an emergency.
If a court order is obtained.
For emancipated minors (married, a parent, or self-supporting and living away
The Army follows the state law as to when parental consent is not needed.
CONDITIONS FOR MINOR CONSENT FOR ONESELF
Mature minor. (For the Army, a last resort if parents can't be reached.)
*Under age 18 in some states and under 16 in others.
Figure 1-27. Army policy is to obtain the minor's consent even when parental
consent is required.